GENERAL CONTRACT CONDITIONS
1. GENERAL INFORMATION
These general contracting conditions will be applicable for any purchase made by an Internet user / natural person / user on the website www.feelfloat.es to the owner of this website Aline Moreira, with the NIE Y0059038B, with registered office at Calle Ana Maria Matute 13, CP: 29580, Spanish telephone number: (34) 622383013, email: email@example.com.
This document (as well as all other documents mentioned here) regulates the conditions governing the use of this Website www.feelfloat.es and the purchase or purchase of products and / or services therein (hereinafter, Terms).
For the purposes of these Conditions it is understood that the activity that Feel Float develops through the Website includes: Online sale of clothing for Women and Men.
By using this Website or when making and / or requesting the acquisition of a product and / or service through it, the User consents to be bound by these Conditions and by all the aforementioned, so if you do not agree with everything Therefore, you should not use this Website.
Likewise, it is informed that these Conditions could be modified. The User is responsible for consulting them each time he accesses, browses and / or uses the Website since those that are in force at the time the purchase of products and / or services are requested will be applicable.
For all questions that the User may have in relation to the Conditions, he can contact the owner using the contact information provided above or, where appropriate, using the contact form.
2. THE USER
The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as a User or jointly as Users), so they are accepted, since the navigation of the Website begins, all the Conditions set forth herein, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility will extend to:
● Make use of this Website only to make inquiries and purchases or purchases legally valid.
● Do not make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it could be canceled and the relevant authorities informed.
● Provide truthful and lawful contact information, for example, email address, postal address and / or other information (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.
The Website is aimed primarily at Users residing in Spain. Feel Float does not ensure that the Website complies with the laws of other countries, either totally or partially. Feel Float declines all liability that may arise from such access, nor does it insure shipments or provision of services outside of Spain.
The User may formalize, at his option, with Feel Float the contract of sale of the desired products and / or services in any of the languages in which these Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
The duly registered Users can buy on the Website by the established means and forms. They must follow the online purchase and / or acquisition procedure of Feel Float, during which several products and / or services can be selected and added to the cart, basket or final purchase space and finally click on: "ORDER WITH OBLIGATION PAYMENT ".
Likewise, the User must fill in and / or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Next, the User will receive an email confirming that Feel Float has received his order or request to purchase and / or provide the service, that is, the order confirmation. And, where appropriate, you will also be informed by email when your purchase is being sent. Where appropriate, this information could also be made available to the User through their personal connection space to the Website.
Once the purchase procedure has been completed, the User consents that the Website generates an electronic invoice that will be sent to the User through email. And, where appropriate, through your personal space to connect to the Website. Likewise, the User may, if he so wishes, obtain a copy of his paper invoice, requesting it from Feel Float using the contact spaces on the Website or through the contact information provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and / or service in question and that are displayed next to the presentation or, where appropriate, image of it on its page of the Website, indicating, by way of example, but not exhaustive, and attending to each case: name, price, components, weight, quantity, color, details of the products, or characteristics, mode in which they will be carried out and / or cost of benefits; and recognizes that the realization of the purchase or purchase order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
Feel Float is responsible for the design of the products but is not the manufacturer of the products sold or that could be marketed on the Website. Although Feel Float makes great efforts to ensure that the information shown on the Website is correct, sometimes the packaging and / or the materials and / or components of the products may contain additional or different information than what appears on the Website. . Therefore, the User must not only consider the information provided by the Website, but also the information available on the label, the warnings and / or instructions that accompany the product.
All purchase orders received by Feel Float through the Website are subject to the availability of the products and / or that no circumstance or force majeure (clause nine of these Conditions) affects the supply of the same and / or the Provision of services. If there are difficulties regarding the supply of products or there will be no products in stock, Feel Float undertakes to contact the User and reimburse any amount that could have been paid as an amount. This will be equally applicable in cases where the provision of a service would become unworkable.
Feel Float will apply a stock management “just in time”. Consequently, depending on the case, the availability of PRODUCTS will depend on their existence in the stocks.
5. PRICES AND PAYMENT
The prices displayed on the Website are the final ones, in Euros (€) and include taxes, unless by legal requirements, especially with regard to VAT, different issues are indicated and applied.
Shipping costs are included in the final prices of the products as shown on the Website. Thus, Feel Float performs the delivery and / or shipping services through the transport company GLS.
In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has voluntarily and freely selected and chosen.
Prices may change at any time, but possible changes will not affect orders or purchases with respect to which the User has already received an order confirmation.
Accepted payment methods will be: Credit or debit card, and PayPal.
Credit cards will be subject to checks and authorizations by the issuing bank, if said entity does not authorize payment, Feel Float will not be liable for any delay or lack of delivery and may not formalize any contract with the User .
Once Feel Float receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time that the confirmation of delivery and / or confirmation of the service provided in form and, where appropriate, established place is sent to the User.
In the cases in which the physical delivery of the contracted asset should be made, deliveries will be made within the scope of the following territory: Spain (Peninsula and Balearic Islands).
Except for those cases in which there are unforeseen or extraordinary circumstances, the purchase order consisting of the related products in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method and, in any case, within the term maximum of 30 calendar days from the date of order confirmation.
If for any reason, which could be attributed to him, Feel Float could not meet the delivery date, he will contact the User to inform him of this circumstance and, he may choose to proceed with the purchase by establishing a new delivery date or cancel the order With full refund of the price paid. In any case, home deliveries are made on weekdays.
If it is impossible to deliver the order due to the absence of the User, the order could be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to make it be delivered again.
If the User is not going to be at the place of delivery in the agreed time slot, he must contact Feel Float to arrange delivery another day.
In the event that 30 days have elapsed since your order is available for delivery, and has not been delivered due to non-attributable cause, Feel Float will understand that the User wishes to withdraw from the contract and it will be deemed resolved. As a result of the termination of the contract, all payments received from the User will be returned, except for additional shipping costs, without undue delay and, in any case, within a maximum period of 14 days from the date on which considers the contract resolved.
However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to it.
For the purposes of these Conditions, it will be understood that the delivery has occurred or that the order has been delivered at the time when the User or a third party indicated by the User acquires the material possession of the products, which will be credited by the signature of the receipt of the order at the agreed delivery address.
The risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when Feel Float receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery.
In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and / or provision will be understood to be located in the Spanish VAT application territory if The delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally valid at all times depending on the specific article in question.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in case he detects that an error has occurred when entering data necessary to process his purchase request on the Website, he may modify them by contacting firstname.lastname@example.org or by accessing your user account, through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact customer service, and / or using the contact information provided in the First clause (General information). Likewise, this information could also be corrected by the User through their personal connection space to the Website.
In any case, the User, before clicking on "ORDER WITH PAYMENT OBLIGATION", has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.
Likewise, the User is referred to consult the Legal Notice and General Conditions of Use to obtain more information on how to exercise their right of rectification as established in Organic Law 15/1999, of December 13, on Data Protection of Personal character.
In the cases in which the User acquired products on or through the Website of the owner, they are assisted by a series of rights, as listed and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and, therefore, assists him with the right to withdraw from said purchase within a period of 14 calendar days without justification.
This withdrawal period will expire after 14 calendar days of the day that the User or a third party authorized by him, other than the carrier, acquired the material possession of the goods acquired on the Feel Float Website or in case the goods that comprise Your order is delivered separately, within 14 calendar days of the day that the User or a third party authorized by him, other than the carrier, acquired the material possession of the last of those goods that made up the same purchase order.
To exercise this right of withdrawal, the User must notify his decision to email@example.com. You may do so, where appropriate, through the contact spaces enabled on the Website or through your user account.
The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Feel Float makes available as part annexed to these Conditions, however, its use is not mandatory.
To meet the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding deadline expires.
In case of withdrawal, Feel Float will reimburse the User for all payments received, including shipping costs (with the exception of additional shipping costs) without undue delay and, in any case, no later than 14 calendar days from the date on which Feel Float is informed of the decision to withdraw by the User.
Feel Float will reimburse the User using the same payment method that he used to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, Feel Float may withhold such reimbursement until it has received the products or items of the purchase, or until the User submits proof of their return, depending on which condition is met first.
The User can return or send the products to Feel Float at:
Calle Ana Maria Matute 13, C.P: 29580, Cártama, Spain.
And you must do so without undue delay and, in any case, no later than within 14 calendar days from the date Feel Float was informed of the withdrawal decision.
The User acknowledges knowing that he must bear the direct cost of return (transport, delivery) of the goods, if any were incurred. In addition, it will be responsible for the decrease in value of the products resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the goods.
In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same conditions in which they were delivered or that have suffered any damage after delivery.
Likewise, the products must be returned using or including all their original packaging, instructions and other documents that accompany them, in addition to a copy of the purchase invoice.
In the following link you can download the Model withdrawal form:
Return of defective products or shipping error
These are all those cases in which the User considers that, at the time of delivery, the product does not conform to the provisions of the contract or purchase order, and that, therefore, he must contact Feel Float immediately and let you know the existing disagreement (defect / error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).
The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, if the refund is due or, where appropriate, the replacement thereof .
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-compliant item is appropriate.
The amount paid for those products that are returned due to a defect, when it really exists, will be fully reimbursed, including delivery costs and costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, you will always be entitled to the rights recognized in the legislation in force at any time for the User, as a consumer and user.
The User, as a consumer and user, enjoys guarantees on the products that can be acquired through this Website, in the legally established terms for each type of product, Feel Float responding, therefore, for the lack of conformity of the same that is manifested within two years from the delivery of the product.
In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by Feel Float and possess the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily destined; and present the usual quality and performance of a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, the latter must proceed as indicated in the section Returning defective products or shipping error. However, some of the products that are marketed on the Website, could present non-homogeneous characteristics as long as they derive from the type of material with which they have been manufactured, and therefore will be part of the individual appearance of the product, and They will not be a defect.
On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufacturing by a third party. In this case, and considering the User that it is a defective product, it also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal guarantee right directly against them during the two years after delivery of said products. For this, the User must have retained all the information in relation to the product warranty.
9. EXEMPTION OF LIABILITY
Unless otherwise provided by law, Feel Float will not accept any responsibility for the following losses, regardless of their origin:
● Any losses that were not attributable to any breach by you.
● Business losses (including lost profits, income, contracts, expected savings, data, loss of goodwill or unnecessary expenses incurred).
● Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products between both parties was formalized.
Likewise, Feel Float also limits its liability in the following cases:
● Feel Float applies all measures concerning providing a faithful visualization of the product on the Website, however it is not responsible for the minimum differences or inaccuracies that may exist due to lack of screen resolution, or browser problems used or others of this nature.
● Feel Float will act with the utmost diligence in order to make available to the company responsible for transporting the product subject to the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for causes such as strikes, road retentions, and in general any others that are specific to the sector, resulting in delays, losses or theft of the product.
● Technical failures that due to fortuitous or other causes prevent the normal operation of the service through the internet. Lack of availability of the Website for maintenance or other reasons, which prevents having the service. Feel Float puts all the means at its disposal in order to carry out the process of purchase, payment and shipping / delivery of the products, however it is exempt from liability for causes that are not attributable to it, fortuitous event or force majeure.
● Feel Float will not be responsible for the misuse and / or wear of products that have been used by the User. At the same time, Feel Float will not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
● In general, Feel Float will not be liable for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond our reasonable control, that is, due to force majeure , and this may include, by way of example but not exhaustive:
o Strikes, lockouts or other claims. o Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or war preparations.
o Fire, explosion, storm, flood, earthquake, subsidence, epidemic o
Any other natural disaster.
o Inability to use trains, ships, airplanes, motor transport or other
means of transport, public or private. o Impossibility of using public or private telecommunications systems.
o Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Feel Float will have an extension in the period to fulfill them for a period of time equal to the duration of the cause of force majeure.
Feel Float will use all reasonable means to find a solution that allows us to fulfill our obligations despite the force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User accepts that most of the communications with Feel Float are electronic (email or notices published on the Website).
For contractual purposes, the User agrees to use this electronic means of communication and recognizes that any contract, notification, information and other communications that Feel Float sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.
The User can send notifications and / or communicate with Feel Float through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, Feel Float may contact and / or notify the User by email or at the postal address provided.
No waiver of Feel Float to a specific legal right or action or the lack of requirement by Feel Float of strict compliance by the User of any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the Conditions, nor will the User exonerate the fulfillment of his obligations.
No waiver of Feel Float to any of these Conditions or to the rights or actions derived from a contract shall take effect, unless it is expressly established that it is a waiver and formalized and communicated to the User in writing.
If any of these Conditions were declared null and void by a final resolution issued by the competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
13. COMPLETE AGREEMENT
These Conditions and any document to which express reference is made in these constitute the entire agreement existing between the User and Feel Float in relation to the object of sale and replace any other agreement, agreement or previous promise agreed verbally or in writing by the same parts.
The User and Feel Float acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly mentioned in these Conditions.
14. DATA PROTECTION
The information or personal data that the User provides to Feel Float in the course of a transaction on the Website, will be treated in accordance with the provisions of the data protection policies (Legal Notice and General Conditions of Use). By accessing, browsing and / or using the Website, the User consents to the processing of said information and data and declares that all the information or data provided is true.
15. APPLICABLE LEGISLATION AND JURISDICTION
The access, navigation and / or use of this Website and the contracts for the purchase of products through it will be governed by Spanish legislation.
Any controversy, problem or disagreement that arises or is related to the access, navigation and / or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Feel Float and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User can send Feel Float their complaints, claims or any other comment that they wish to make through the contact information provided at the beginning of these Conditions (General Information).
Likewise, if a controversy arises from the conclusion of this purchase contract between Feel Float and the User, the User as a consumer may request an out-of-court dispute resolution, in accordance with EU Regulation No 524/2013 of the European Parliament and of the Council, May 21, 2013, on the resolution of online litigation in matters of consumption. You can access this method through the website: http://ec.europa.eu/consumers/odr/.